Working notice in Canada is advance notice from your employer that your employment will end on a specific future date while you continue working and getting paid until that date.
Working notice is legal and can count toward the notice your employer owes when terminating you without cause. Your employer can also provide pay instead of notice or use a combination of working notice and compensation.
The biggest mistake is assuming that the date in your termination letter automatically reflects your full entitlement. Employment standards provide minimum notice, but many non-unionized employees can be owed substantially more under common law unless an enforceable employment contract limits their rights.
On This Page:
- 1. What Is Working Notice?
- 2. How Much Working Notice Are You Owed?
- 3. Your Rights During Working Notice
- 4. Working Notice & Severance
- 5. What If the Notice Is Too Short?
- 6. Ontario, Alberta, BC & Federal Rules
What Is Working Notice?
Working notice means your employer has told you that your job will end, but you remain employed and continue working until the stated termination date.
For example, if your employer tells you on April 1 that your last day will be June 30 and you continue working until June 30, those three months are working notice.
During that period, you normally:
- Remain an employee
- Continue performing your job
- Continue receiving your regular compensation
- Continue participating in applicable employment benefits
- Know the specific date your employment is expected to end
Working notice is one way an employer can satisfy its obligations when carrying out a termination without cause.
Does your employer have to give you working notice?
No. An employer does not have to make you work through the notice period.
Depending on the law that applies, an employer can generally use:
- Working notice: You remain employed until a future termination date.
- Pay in lieu of notice: Your employment ends immediately and you receive compensation instead of working through the notice period.
- A combination: You work for part of the notice period and receive compensation for the remainder.
How Much Working Notice Are You Owed?
There is no single Canada-wide number of weeks or months of working notice that applies to every employee.
There are usually two levels of entitlement to consider.
Employment standards minimums
Employment standards legislation provides minimum termination notice based largely on your length of service.
Ontario, Alberta, British Columbia and federally regulated workplaces each have their own statutory rules. These minimums can usually be satisfied through working notice, pay instead of notice or a permitted combination of the two.
But meeting the minimum employment standards does not necessarily mean your employer has provided your full entitlement.
Common-law reasonable notice
Many non-unionized employees can be entitled to substantially more notice under common law unless an enforceable employment contract validly limits that entitlement.
Factors can include your:
- Age
- Length of service
- Position and responsibilities
- Compensation
- Availability of comparable employment
Depending on the circumstances, common-law notice can reach as much as 24 months in appropriate cases.
What Are Your Rights During Working Notice?
You remain an employee during working notice, and your employer generally cannot use the notice period to substantially cut your compensation or fundamentally change your job.
Ontario, Alberta and BC all have employment standards protections restricting changes to employment terms during the applicable statutory notice period. The precise rules differ between provinces.
Problems can arise if your employer tries to:
- Cut your salary or hourly wage
- Substantially reduce your hours and earnings
- Remove important benefits
- Demote you or substantially strip away your responsibilities
- Fundamentally change your schedule or work location
- Pressure you to resign before the termination date
A serious unilateral change can also create a constructive dismissal issue.
Can your employer force you to use vacation during working notice?
Your employer generally can’t simply substitute vacation for statutory working notice, but the exact rules differ by jurisdiction.
Ontario, Alberta and BC each impose restrictions on how vacation interacts with termination notice. Check the provincial guide below for the rule that applies where you work.
Can you attend job interviews during working notice?
There is no single Canada-wide rule giving every employee the same amount of paid interview leave during an ordinary working notice period.
However, if you are pursuing additional common-law damages, you can have a duty to mitigate by making reasonable efforts to find comparable employment. If you need time for an interview, ask your employer for reasonable scheduling flexibility and keep the request in writing.
Does Working Notice Replace Severance Pay?
Working notice can count toward the notice your employer owes you, but it does not automatically mean you are owed nothing when the notice period ends.
Think of the employer’s notice obligation as an overall entitlement that can potentially be satisfied through time worked, compensation instead of notice or a combination of both.
For example, if your full legal entitlement is significantly longer than the valid working notice your employer provides, you can still be owed compensation for the shortfall.
There is also an important terminology issue. Ontario and federally regulated employees can have separate statutory severance entitlements in certain circumstances. Working notice of termination does not necessarily replace those separate statutory rights.
For the broader compensation rules, see Severance Pay in Canada.
Can your employer give you part working notice and part severance?
Yes. Employers can generally use a combination of working notice and pay instead of notice.
For example, an employer could require you to work for two months and then provide compensation for an additional period. The important issue is whether the combined notice and compensation satisfy your actual legal entitlement.
What If Your Working Notice Is Too Short?
If your working notice is shorter than your full legal entitlement, you can be owed additional compensation after your employment ends.
This is where employees often confuse minimum employment standards with full severance rights. Receiving the statutory minimum does not automatically prevent a non-unionized employee from pursuing a greater common-law entitlement.
If your employer has not provided enough notice or compensation, the termination can result in a wrongful dismissal claim.
What if your employer ends the working notice early?
If your employer decides to stop employing you before the stated termination date, it still has to account for the notice or compensation you are legally owed.
That can include compensation for the remaining working notice and potentially additional common-law damages if the original notice period was already insufficient.
What if your employer keeps you after the termination date?
Continuing to employ you beyond the stated termination date can affect the validity of the original notice.
Employment standards legislation in Alberta and BC, for example, expressly addresses continued employment after the stated termination date. If your employer postpones or repeatedly changes your end date, get advice rather than assuming the original notice automatically carries forward.
What if you find another job during working notice?
Get advice before resigning early to start a new job because leaving before your scheduled termination date can affect what your current employer still owes you.
If you voluntarily leave the existing job, you normally stop earning wages from that employer. A new job can also affect a claim for additional common-law damages because replacement earnings can be relevant to mitigation.
The provincial rules surrounding resignation during a notice period are not identical, so don’t simply walk out once another employer makes an offer.
Working Notice Rules in Ontario, Alberta, BC and Federally Regulated Workplaces
The basic concept of working notice is similar across Canada, but minimum notice periods and the rules governing the notice period differ by jurisdiction.
Ontario
Ontario employers can provide working notice, termination pay instead of notice or a combination. During the statutory notice period, Ontario law requires the employer to maintain the employee’s wage rate, terms and conditions of employment and required benefit-plan contributions.
Read Working Notice in Ontario for the province-specific rules.
Alberta
Alberta permits working notice, termination pay or a combination. Once termination notice is given, the employer cannot reduce the employee’s earnings or other terms and conditions of employment during the notice period.
Read Working Notice in Alberta.
British Columbia
BC employers can provide written working notice, compensation for length of service or a combination. Once valid statutory notice is given, the employee’s wage rate and other conditions of employment generally cannot be changed without written consent.
Read Working Notice in BC.
Federally regulated employees
Federally regulated employers can also provide written notice, pay instead of notice or a combination under the Canada Labour Code. The statutory minimum can increase with length of service, and eligible employees can also have a separate statutory severance entitlement.
Working Notice in Canada: Frequently Asked Questions
Is working notice legal in Canada?
Yes. Working notice is a legal way for an employer to provide some or all of the notice required when ending employment without cause, provided the notice complies with the applicable law and employment contract.
Do I have to keep working during working notice?
Generally, yes, if you want to remain employed and paid through the notice period. Do not simply stop attending work because you know your job is ending.
Can my employer change my job during working notice?
Your employer generally cannot use working notice to impose major negative changes to your compensation or employment terms. Ontario, Alberta and B.C. also have specific statutory protections during their employment standards notice periods.
Do I still get severance after working notice?
Possibly. If your working notice does not satisfy your full entitlement, additional compensation can still be owed. Separate statutory severance rights can also apply in some jurisdictions.
Should I quit if I find another job during working notice?
Not before understanding the consequences. Leaving early can affect the wages, notice or damages you can claim from your current employer. Get advice before giving resignation notice.
Have Your Working Notice Reviewed
Receiving months of advance notice can make it look as though your employer has already satisfied its obligations. That is not necessarily true.
Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia determine whether their working notice is valid, whether the notice period is long enough and whether additional severance is owed.
Before you resign, sign a release or accept that the termination date settles everything you are owed, have your full notice and severance entitlement reviewed.